{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.55",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.55.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/47.55",
  "kind": "rule",
  "number": "47.55",
  "heading": "Exercise of court’s powers",
  "text": "(1) Subject to paragraphs (2), (3) and (4), the court may determine an application by the Criminal Cases Review Commission for an order—\n(a) at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and\n(b) in the absence of—\n(i) the Commission,\n(ii) the respondent, and\n(iii) any other person affected by the order.\n(2) The court must not determine such an application in the Commission’s absence if—\n(a) the Commission asks for a hearing; or\n(b) it appears to the court that the application is so complex or serious as to require the court to hear the Commission.\n(3) The court must not determine such an application in the absence of any respondent or other person affected, unless—\n(a) the absentee has had at least 2 business days in which to make representations; or\n(b) the court is satisfied that—\n(i) the Commission cannot identify or contact the absentee,\n(ii) it would prejudice the exercise of the Commission’s functions to adjourn or postpone the application so as to allow the absentee to attend, or\n(iii) the absentee has waived the opportunity to attend.\n(4) The court must not determine such an application in the absence of any respondent who, if the order sought by the Commission were made, would be required to produce or give access to journalistic material, unless that respondent has waived the opportunity to attend.\n(5) The court officer must arrange for the court to hear such an application no sooner than 2 business days after it was served, unless—\n(a) the court directs that no hearing need be arranged; or\n(b) the court gives other directions for the hearing.\n(6) The court must not determine an application unless satisfied that sufficient time has been allowed for it.\n(7) If the court so directs, the parties to an application may attend a hearing by live link.\n(8) The court must not make an order unless an officer of the Commission states, in writing or orally, that to the best of that officer’s knowledge and belief—\n(a) the application discloses all the information that is material to what the court must decide; and\n(b) the content of the application is true.\n(9) Where the statement required by paragraph (8) is made orally—\n(a) the statement must be on oath or affirmation, unless the court otherwise directs; and\n(b) the court must arrange for a record of the making of the statement.\n(10) The court may shorten or extend (even after it has expired) a time limit under this Section.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 47.55 in force at 6.10.2025, see Preamble"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/47.55",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}